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Job Order Contracting Agmt H.A. Contracting Corp JOB ORDER CONTRACTING AGREEMENT BETWEEN CITY OF MIAMI BEACH, FLORIDA ~ ~ ~~ H.A. CONTRACTING CORP. FOR HORIZONTAL RIGHT-OF-WAY (ROW) CONSTRUCTION PROJECTS FOR THE CITY OF MIAMI BEACH, FLORIDA INVITATION TO BID NO.23-08/09 Project Manual 00800 CONTRACT CONTRACT THIS CONTRACT is entered into this ~~ day of 2009 (Effective Date), by and between the CITY OF MIAMI BEACH, a political subdivision of the State of Florida, hereinafter referred to as CITY, and H.A. CONTRACTING CORPORATION, hereinafter referred to as CONTRACTOR. W I T N E S S E T H, that CONTRACTOR and CITY, for the considerations hereinafter named, agree as follows: ARTICLE 1 SCOPE OF WORK 1.1. The scope of work under this Contract shall be determined by individual Job Orders issued hereunder. Upon receipt of a Notice to Proceed, the CONTRACTOR shall furnish any and all labor, materials, equipment, services and incidentals necessary to perform all of the work for the Project described in the Job Order. ARTICLE 2 CONTRACT TIME 2.1. This Contract shall be for an initial term of one (1) year, commencing upon the Effective Date. The Contract may be renewed, at the City's option, for four (4) additional twelve (12) month terms, subject to the requirements of Section 3 of the JOC Supplemental Conditions. The Maximum Contract Duration shall be no more than five (5) years, or when the Maximum Not to Exceed Contract Value is reached, whichever is first 2.1.1. Once the Contract is in place, individual Job Orders will be issued through Blanket Purchase Orders and Notices to Proceed, issued by the Contract Administrator. The time for completion of individual Job Orders will be contained in the Notice to Proceed. CONTRACTOR shall not begin work without a signed Blanket Purchase Order and Notice to Proceed. 2.2. Time is of the essence throughout this Contract. Job Orders shall be substantially completed within the specified calendar days listed on each individual Notice to Proceed, and completed and ready for final payment in accordance with Article 5 hereof within the time specified on each individual Notice to Proceed. Contract Project Manual 2.3. Liquidated Damages may be applied to individual Job Orders at the discretion of the CITY. The dollar amount(s) relative to Liquidated Damages are not intended to be applied as penalties, but rather to be applied as damages to the CITY for its inability to obtain full beneficial occupancy and/or use of the Project. Liquidated Damages on construction projects other than streetscape or utility proiects are hereby fixed at $1,000 per day and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by the CITY as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of the CONTRACTOR to complete the Project on time. 2.3.1 Liquidated Damages relative to a streetscape or utility project. The additional cost realized by the CITY consists of the following components: Additional construction administration by CITY, Program Manager, and/or Consultant. Additional resident observation by CITY and/or Program Manager. Loss of use of facilities, including, without limitation, loss of parking revenue, sidewalk cafe fees, etc. The cost realized by the CITY for extended Project milestone completion consists of the sum of the Program Management (PM) fee; the City Construction Management (CM) cost; additional Consultant fees that would be incurred by the CITY for each day that the Project completion is delayed; and those costs realized by the CITY for loss of facility use. It is estimated that the PM component of CITY incurred expense could reasonably consist of one resident observer ($75 per hour for 8 hours per day = $600), one Project Coordinator ($125 per hour for 4 hour per day = $500), and one Project Administrator ($50 per hour for 4 hours per day = $200). Hence, the estimated PM component of the liquidated damage value to be used on streetscape or utility projects would be $1,300 per day. It is estimated that the Construction Management component of CITY incurred expense would be based on the recognized rate of 4% of total Project cost. Hence, a $5,000,000 Project that has construction duration of 300 working days would result in a CM cost component of $800 per day. This value will vary by Project. Loss of Parking Revenue: If applicable, will be incorporated in the Job Order/Notice to Proceed. Contract 2.4. CITY is authorized to deduct liquidated damages from monies due to CONTRACTOR for the Work under the Job Order or as much thereof as CITY may, in its sole discretion, deem just and reasonable. Project Manual Contract 2.5. CONTRACTOR shall be responsible for reimbursing CITY, in addition to liquidated damages, for all costs incurred by the CITY in administering the construction of the Project beyond the completion date specified in the Notice to Proceed, plus approved time extensions. All such costs shall be deducted from the monies due CONTRACTOR for performance of Vdork under the Job Order by means of unilateral credit change orders issued by CITY as costs are incurred. ARTICLE 3 THE CONTRACT SUM AND ADJUSTMENT FACTORS 3.1. CITY shall pay to CONTRACTOR for the performance of the Work described in the Contract Documents. The contract is an indefinite- quantity contract with no minimum values. The Estimated Contract Term Value for ITB No. 23-08/09 -HORIZONTAL RIGHT-OF-WAY is Five Million Dollars ($5,000,000) per term. The Maximum Not To Exceed Contract Value for ITB No. 23-08/09 -HORIZONTAL RIGHT-OF-WAY is Twenty-five Million Dollars ($25,000,000). 3.2. Payment shall be at the lump sum price stated in the Notice to Proceed for each Job Order. This price shall be full compensation for all costs, including overhead and profit, associated with completion of all Work in full conformity with the requirements as stated or shown (or both) in the Contract Documents using the following Adjustment Factors: 3.2.1. Normal Working Hours Construction: CONTRACTOR shall perform any or all functions called for in the Contract Documents and the Detailed Scope of Work, scheduled during Normal Working Hours, in the quantities specified in individual Job Orders against this Contract, for the unit price sum specified in the Construction Task Catalog® multiplied times the Adjustment Factor of: 1 0 1 9~ 3.2.2. Other Than Normal Working Hours Construction: CONTRACTOR shall perform any or all functions called for in the Contract Documents and the Detailed Scope of Work, scheduled during Normal Working Hours in the quantities specified in individual Job Orders against this Contract, for the unit price sum specified in the Construction Task Catalog° multiplied times the Adjustment Factor of: 1 0 4 5 6 Project Manual 3.2.3. Non Pre-priced Work Tasks: CONTRACTOR shall perform any or all functions called for in the Contract Documents and the Detailed Scope of Work that are Non Prepriced Tasks multiplied times the Adjustment Factor of: ~. 0 6 6 0 ARTICLE 4 PROGRESS PAYMENTS 4.1. For Job Orders intended to have a duration of thirty (30) days or less, CITY will make only one final payment. For Job Orders intended to have a duration of more than thirty (30) days the CONTRACTOR may make Application for Payment for Work completed during the Project at intervals of not more than once a month. CONTRACTOR'S application shall show a complete breakdown of the Project components; the quantities completed and the amount due; and such other supporting evidence as may be required by CITY. CONTRACTOR shall include with each Application for Payment, an updated Progress Schedule acceptable to CITY (and as required by the Contract Documents), and a release of liens and consent of surety relative to the Work which is the subject of the Application. Each Application for Payment shall be submitted in triplicate. CITY shall make payment to CONTRACTOR within thirty (30) days after approval by CITY of CONTRACTOR'S Application for Payment and submission of an acceptable updated Progress Schedule. 4.2. Ten percent (10%) of all monies earned by CONTRACTOR shall be retained by CITY until Final Completion and acceptance by CITY, in accordance with Article 5 hereof, except that after ninety percent (90%) of the Work has been completed, the Contract Administrator may reduce the retainage to five percent (5%) of all monies previously earned and all monies earned thereafter. Any reduction in retainage shall be in the sole discretion of the CITY and shall be recommended by the Contract Administrator. CONTRACTOR shall have no entitlement to a reduction. Any interest earned on retainage shall accrue to the benefit of CITY. All requests for retainage reduction shall be in writing in a separate stand- alone document. 4.3. CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: 4.3.1. Defective work not remedied. 4.3.2. Claims filed, or reasonable evidence indicating probable filing of claims by other parties, against CONTRACTOR or CITY because of CONTRACTOR'S performance. Contract Project Manual 4.3.3. Failure of CONTRACTOR to make payments properly to subcontractors, or other failure to pay materials or labor. 4.3.4. Damage to another contractor not remedied. 4.3.5. Liquidated damages and costs incurred by CITY, as noted in Section 2.3. 4.3.6 Failure of CONTRACTOR to provide any and all documents required by the Contract Documents. ARTICLE 5 ACCEPTANCE AND FINAL PAYMENT 5.1. Upon receipt of written notice from CONTRACTOR that the Project is ready for final inspection and acceptance, CITY shall, within ten (10) calendar days, make an inspection thereof. If the CITY finds that the Work is acceptable; the requisite documents have been submitted; the requirements of the Contract Documents have been fully satisfied; and all conditions of the permits and regulatory agencies have been met, a Final Certificate of Payment (Form 00922) shall be issued by CITY stating that the requirements of the Contract Documents have been performed and the Work is ready for acceptance under the terms and conditions thereof. 5.2. Before issuance of the Final Certificate for Payment, CONTRACTOR shall deliver to the CITY a complete release of all liens arising out of the Job Order (or at the CITY's sole discretion, receipts in full in lieu thereof); an affidavit certifying that all suppliers and subcontractors have been paid in full and that all other indebtedness connected with the Work has been paid; a consent of the surety to final payment; the final corrected as-built drawings; and a final invoice. 5.3. If, after the Work has been substantially completed, full completion thereof is materially delayed through no fault of CONTRACTOR, and the CITY so certifies, CITY shall, upon certification of the CITY and without terminating the Job Order, make payment of the balance due for that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 5.4. Final payment shall be made only after the City Manager or his designee has reviewed a written evaluation of the performance of CONTRACTOR (prepared by the Contract Administrator) and approved final payment. The acceptance of final payment by CONTRACTOR shall constitute a waiver of all claims by CONTRACTOR, except those previously made in strict accordance with the provisions of the General Conditions and identified by CONTRACTOR as unsettled at the time of application for final payment. Contract Project Manual ARTICLE 6 MISCELLANEOUS 6.1. This Contract is part of, and incorporated into, the Contract Documents, as defined herein. Accordingly, all of the documents incorporated into the Contract Documents shall govern this Project. 6.2. Where there is a conflict between any provision set forth within the Contract Documents and a more stringent State or federal provision which is applicable to the Project, the more stringent State or federal provision shall prevail. 6.3. Public Entity Crimes: 6.3.1. In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the CITY, may not submit a bid on a contract with the CITY for the construction or repair of a public building or public work, may not submit bids on leases of real property to the CITY, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the CITY, and may not transact any business with the CITY in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by CONTRACTOR shall result in cancellation of the CITY purchase and may result in CONTRACTOR debarment. 6.4. Independent Contractor: 6.4.1. CONTRACTOR is an independent contractor under this Contract. Any and all work and/or services provided by CONTRACTOR pursuant to this Contract shall be subject to the supervision of CONTRACTOR. In providing such work and/or services, neither CONTRACTOR nor its officials, employees, contractors and/or agents shall act, or purport to act, as officers, employees, contractors and/or agents of the CITY. This Contract shall not constitute or make the parties a partnership or joint venture. 6.5. Third Party Beneficiaries: 6.5.1. Neither CONTRACTOR nor CITY intends to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it is not their intent to create any Contract Project Manual rights or obligations in any third person or entity under this Contract. 6.6. Notices: 6.6.1. Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For CITY: City of Miami Beach Procurement Division Attn: Gus Lopez, Procurement Director 1700 Convention Center Drive Miami Beach, Florida 33139 With copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 For CONTRACTOR: H.A. Contracting Corporation Attn: Henry Angelo III 9500 N.W. 12 Street, Bay 1 Miami, Florida 33172 6.7. Assignment and Performance: 6.7.1. Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by either party. In addition, CONTRACTOR shall not subcontract any portion of the work or services required by this Contract except as authorized by Section 18 of the General Conditions. CONTRACTOR represents that all persons delivering any work and/or services required by this Contract have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the scope of work for the particular Job Order, and to provide and perform such work and/or services, to CITY'S satisfaction, for the agreed compensation. Contract Project Manual 6.7.2. CONTRACTOR shall perform its duties, obligations, and any work and services under this Contract, in a skillful and respectable manner. The quality of CONTRACTOR'S performance and all interim and final product(s) provided to or on behalf of CITY shall be comparable to the best local and national standards. 6.8 Materiality and Waiver of Breach: 6.8.1. CITY and CONTRACTOR agree that each requirement, duty, and obligation set forth in the Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. 6.8.2. CITY'S failure to enforce any provision of this Contract shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. 6.9. Severance: 6.9.1. In the event a portion of this Contract is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless CITY or CONTRACTOR elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 6.10. Applicable Law and Venue: 6.10.1. This Contract shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami- Dade County, Florida. By entering into this Contract, CONTRACTOR and CITY hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of, the Contract. 6.11. CONTRACTOR shall specifically bind its sub-contractors to the provisions of this Contract. 6.12. Amendments: 6.12.1. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by CITY and CONTRACTOR. Contract Project Manual 6.13. Prior Agreements: 6.13.1. This document correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree incorporates and includes all prior negotiations, that there are no commitments, agreements or understandings concerning the subject matter of this Contract that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless set forth in writing in accordance with Section 6.12 above. Contract [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] Project Manual IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. Contract ATT ST: ITY OF MIAMI BEAC , FLO IDA Robert Parcher, City Clerk Matt errera Bower, Mayor CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE CORPORATION OR NON-CORPORATION FORMAT, AS APPLICABLE. [If incorporated sign ATTEST: ,~ (Secretary) Corporate Seal) CONTRACTOR/H.A. CONTRACTING CORPORATION Y and Titl (Type Nam~le Sig~Sed Above) day of , 20 [If not incorporated sign below.] CONTRACTOR WITNESSES: (Na ) Y (S nature) (Type Name Signed Above) day of , 20 CITY REQUIRES FIVE (5) FULLY-EXECUTED CONTRACTS, FOR DISTRIBUTION. APPROVED AS TO FORM & LANGUAGE & FOR ELUTION ~' 17 dq ` ~ ttomey a e EXHIBIT 5 CONTIRACTOR BID SUBMISSION ~.A. Contracting Corp. providing quality construction services CGC: 010703 Apri124, 2009 Attn: Mr. Lopez and the Technical Review Panel Procurement Division 1700 Convention Center Drive Miami Beach, Florida, 33139 Re: ITB 23-08/09- Horizontal Right-of--Way ~"' Mr. Lopez and Technical Review Panel, H. A. Contracting Corp. (H.A.C.C.) is pleased to present its unique qualifications for the City of Miami Beach- Job Order Contract; ITB No. 23-08/09- Horizontal Right-of--Way. H.A.C.C. shall act as the Construction Manager for this contract and will be responsible for all construction related activities necessary to complete any awarded task under this contract. Our twenty five year proven track record and reputation is outstanding and has remained untarnished over the many years. Through our years of experience, community outreach and mentoring programs, H.A.C.C. has created a symbiotic relationship with the community at large. Our public sector work includes work on Military Bases, Government Facilities, Fire Stations, Hospitals, Detention Centers, Public Schools, Lift Stations, Pump Stations, Well Fields, Kilns, Parking Lots, Sea Walls and a host of others. H.A.C.C. has vast experience in a variety of contracting methods, particularly that of Job Order Contracts. H.A.C.C. was awarded the first ever Job Order Contract in South Florida for Miami Dade County Public Schools over fifteen years ago. H.A.C.C. has held a JOC contract with MDCPS ever since, successfully completing hundreds of projects. H.A.C.C. also performs JOC contracts with Palm Beach County, City of Miami and the City of Miami Beach. H.A.C.C. has successfully completed over $100,000,000 worth of JOC projects. The projects under these contracts vary immensely, from the Miami Beach Convention Center Parking Lot to the Underground Utilities and Drainage at Pinehurst to the Replacement of Miami Office: 9500 NW 12th Street, Bay 1 • Miami, Florida 33172 • Phone (305) 591-9212 Fax (305) 591-9630 Palm Beach Office: 8233 Gator Lane, Suite 36 • West Palm Beach, Florida 33411 • Phone (561) 514-1040 Fax (561) 514-1060 www.hacontracting.com H.A. Contracting Corp. providing quality construction services CGC: O l 0703 a Seawall and Bulkhead at Islandview. H.A.C.C. successfully completed every project with no defaults and has never been assessed liquidated damages. Over the past 25 years, H.A. Contracting Corp. has successfully completed over 2000 construction projects in the South Florida area. While our technical capabilities are unquestionable, it is our ability to develop longstanding relationships with clients that is our strongest asset. Our team approach, methodology, and communicative abilities make working with H.A.C.C. a pleasurable experience. Our ability to facilitate healthy client relationships has led to many valued clients such as 'The School Board of Broward County, Miami Dade County Public Schools, The School District of Palm Beach, United States Air Force, United States Corp of Engineers, The Geo Group, Sherwin Williams Paints, Miami Dade County, Miami Dade Water and Sewer Authority, Palm Beach County, Sun Trust Bank and a host of others. H.A.C.C.'s versatility, quality, and experience have made us an indispensible tool for all of our clients. In the public sector, as well as the private sector, H.A.C.C. prides itself on our reputation as the "Go to" contractor. Whether its disaster relief efforts in a post hurricane aftermath or water mitigation in a government courthouse whose water line broke over a holiday weekend, H.A.C.C. is guaranteed to get the job done on time, in budget, and of the highest quality. It is our pleasure to offer you our unmatched services ~, for ITB No. 23-08/09- Horizontal Right-of--Way. Sincerely, H.A. Contracting Corp. ~~ He ~ y ng to III Preside t Miami Office: 9500 NW 12th Street, Bay 1 • Miami, Florida 33172 • Phone (305) 591-9212 Fax (305) 591-9630 Palm Beach Office: 8233 Gator Lane, Suite 36 ~ West Palm Beach, Florida 33411 • Phone (561) 514-1040 Fax (561) 514-1060 www.hacontracting.com H.A. Contracting Corp. providing qualit~~ construction Services Identification Page: CGC: 010703 A. tame of Bidder: H.A. Contracting Corp. B. Address: 9500 N.W. 12th Street Miami, Florida 33172 C. E-mail address: henry~na,hacontracting com D. Phone: 305-591-9212 Fax: 305-~91-9630 E. Federal Tax I.D. Number: 59-2283147 F. H.A. Contracting Corp. is a Corporation registered in the State f Florida G. ~ ' (~ H. He An elo III I. President J. Dated: Apri124, 2009 Miami Office: 9500 NW 12th Street, Bay 1 • Miami, Florida 33172 • Phone (305) 591-9212 Fax (305) 591-9630 Palm Beach Office: 8233 Gator Lane, Suite 36 • West Palm Beach, Florida 33411 • Phone (561) 514-1040 Fax (561) 514-1060 www.hacontracting.com H.A. Contracting Corp. providing quality construction services CGC: 010703 Table of Contents 1. Supplement to Bid/Tender Form • 00901 Supplement to Bid/Tender Form • 00902 Non-Collusion Certificate • 00903 Drug Free Workplace Certificate • 00904 Trench Safety Act • 00908 Declaration ofNon-Discrimination in Contracts & Benefits • 00910 Bidder's Past Projects -Customer Reference List • 00912 Form of Certificate of Insurance • 00919 Statement of Compliance Davis- Bacon Act 2. Contractor Qualifications • Licenses • Organizational Chart • Key Personnel • Staffing Plan • Resumes 3. Bid Tender Form 00900 & Bid Guaranty Miami Office: 9500 NW 12th Street, Bay 1 • Miami, Florida 33172 • Phone (305) 591-9212 Fax (305) 591-9630 Palm Beach Office: 8233 Gator Lane, Suite 36 • West Palm Beach, Florida 33411 ~ Phone (561) 514-1040 Fax (561) 514-1060 www.hacontracting.com Project Manual .. .. Supplement to Bid/Tender Form 00901 SUPPLEMENT TO BID/TENDER FORM THIS COMPLETED FORM SHOULD BE SUBMITTED WITH THE BID, HOWEVER, ANY ADDITIONAL INFORMATION NOT INCLUDED IN THE SUBMITTED FORM AS DETERMINED IN THE SOLE DISCRETION OF THE CITY, SHALL BE SUBMITTED WITHIN THREE (3) CALENDAR DAYS OF THE CITY'S REQUEST. March 2009 City of Miami Beach Page 125 of 185 Project Manual Non-Collusion Certificate 00902 NON-COLLUSION CERTIFICATE Submitted this 23 day of April , 2009 The undersigned,. as Bidder, declares that the only persons interested in this proposal are named herein; that no other person has any interest in this proposal or in the contract to which this proposal pertains; that this proposal is made without connection or arrangement with any other person; and that this proposal is in every respect fair and made in good faith, without collusion or fraud. The Bidder agrees if this proposal is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the Bidder and the City of Miami Beach, Florida, for the performance of all requirements to which the Bid pertains. The Bidder states that this proposal is based upon the documents identified by the following number: Bid No.2~os/o9 xorizontal xow PRINTED NAME H.A. Contracting Corp. TITLE (IF CORPORATION) ~.. March 2009 City of Miami Beach Page 126 of 185 Project Manual Drug Free Workplace Certification 00903 DRUG FREE WORKPLACE CERTIFICATION The undersigned Bidder hereby certified that it will provide adrug-free workplace program by: (1) Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the offeror's workplace, and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establishing a continuing drug-free awareness program to inform its employees about: (i) The dangers of drug abuse in the workplace; (ii) The Bidder's policy of maintaining adrug-free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. (3) Giving all employees engaged in performance of the Contract a copy of the statement required by subparagraph (1). (4) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a condition of employment on a covered Contract, the employee shall: (i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than five (5) calendar days after such conviction; (5) Notifying City government in writing within ten (10) calendar days after receiving notice under subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall. include the position title of the employee. (6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: (i) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; and March 2009 City of Miami Beach Page 127 of 185 Project Manual Drug Free Workplace Certification (7) Making a good faith effort to maintain adrug-free workplace program through implementation of subparagraphs (1) through (6). _ A.JContracting Corp. STATE ~F Florida (Print Vendor Name) COUNTY~OF Dade The foregoing instrument was acknowledged before me this 23 day of, April a~09 by__ Henry Angelo III as President (title) of H.A. Contracting Corp. (name of person whose signature is being notarized) (name of corporation/company), known to me to be the person described herein, or who produced as identification, and who did/did not take an oath. +~"~''' ~ MARY - `,~` ~~~ y CEAVER3 ~'*r~ *= MY CCMMIS~{Vry .~ DC 6~4fi05 =?~.•a~`r° EXPIRES: March 5, 201 +„+~ bonded Thiv Notary Publk Underwriters (Print Name) My commission expires: March 2009 City of Miami Beach Page 128 of 185 Project Manual Trench Safety Act Acknowledgment 00904 TRENCH SAFETY ACT ACKNOWLEDGMENT On October 1, 1990 House Bill 3181, known as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29 CFR.S.1926.650, as Florida's own standards. The Bidder, by virtue of the signature below, affirms that the Bidder is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Bidder and subcontractors. The Bidder is also obligated to identify the anticipated method and cost of compliance with the applicable trench safety standards. BIDDER ACKNOWLEDGES THAT INCLUDED IN THE ADJUSTMENT FACTORS OF THE PROPOSAL ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT. March 2009 City of Miami Beach Page 129 of 185 H.A. Contracting Corp. Project Manual Nondiscrimination Declaration 00907 NONDISCRIMINATION DECLARATION CITY OF MIAMI BEACH DECLARATION: NONDISCRIMINATION IN CONTRACTS AND BENEFITS Section 1. Vendor Information Name of Company: H.A. Contracting Name of Company Contact Person: Henry Angelo III Phone Number: 305-591-9212 fax Number: 305-591-9630E-mail:henryf~hacontracting. com Vendor Number (if known): Federal ID or Social Security Number: 59-2283147 Approximate Number of Employees in the U.S.: 42 (If 50 or less, skip to Section 4, date and sign) Are any of your employees covered by a collective bargaining agreement or union trust fund? _Yes _No Union name(s): Section 2. Compliance Questions Question 1. Nondiscrimination -Protected Classes A. Does your company agree to not discriminate against your employees; applicants for employment, employees of the City, or members of the public on the basis of the fact or perception of a person's membership. in the categories listed below? Please note: a "YES" answer means your company agrees it will not discriminate; a "NO" answer means your company refuses to agree that it will not discriminate. Please answer yes or no to each category. ^ Race _Yes _ No ^ Sex _Yes _ No ^ Color _Yes _ No ^ Sexual orientation _Yes _ No ^ Creed _Yes _ No ^ Gender identity (transgender status) _Yes _ No ^ Religion _Yes _ No ^ Domestic partner status _Yes _ No National origin _Yes _ No ^ Marital status _Yes _ No ^ Ancestry _Yes _ No ^ Disability _Yes _ No ^ Age _Yes _ No ^ AIDS/HIV status _Yes _ No ^ Height _Yes _ No ^ Weight Yes No B. Does your company agree to insert a similar nondiscrimination provision in any subcontract you enter into for the performance of a substantial portion of the contract you have with the City? Please note: you must, answer this question even if you do not- :intend to enter into any subcontracts. Yes No ,... . March 2009 City of Miami Beach Page 132 of 185 ... Project Manual Nondiscrimination Declaration Question 2. Nondiscrimination -Equal Benefits for Employees with Spouses and Employees with Domestic Partners Questions 2A and 26 should be answered YES even if your employees must pay some or all of the cost of spousal or domestic partner benefits. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? _Yes_No B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to domestic partners of employees? _Yes_No *The term Domestic Partner shall mean any two (2) adults of the same or different sex, who have registered as domestic partners with a government body pursuant to state or local law authorizing such registration, or with an internal registry maintained by the employer of at least one of the domestic partners. A Contractor may institute an internal registry to allow for the provision of equal benefits to employees with domestic partner who do not register their partnerships pursuant to a governmental body authorizing such registration, or who are located in a jurisdiction where no such governmental domestic partnership exists. A Contractor that institutes such registry shall not impose criteria for registration that are more stringent than those required for domestic partnership registration by the City of Miami Beach. If you answered "NO" to both Questions 2A and 26, go to Section 4 (at the bottom of this page), complete and sign the form, filling in all items requested. If you answered "YES" to either or both Questions 2A and 2B, please continue to Question 2C below.. C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. ENEFIT Yes for Employees with S ouses Yes for Employees with Domestic Partners No, this Benefit is Not .Offered Benefit Documentation is Submitted with this Form Health ^ ^ ^ ^ Dental ^ ^ ^ ^ Vision ^ ^ ^ ^ Retirement (Pension, 401 k ,etc. ^ ^ ^ ^ Bereavement ^ ^ ^ ^ Famil Leave ^ ^ ^ ^ Parental Leave ^ ^ ^ ^ Employee Assistance Pro ram ^ ^ ^ ^ Relocation & Travel ^ ^ ^ ^ .Company Discount, Facilities & Events ^ ^ ^ ^ Credit Union ^ ^ ^ ^ Child Care ^ ^ ^ ^ Other. ^ ^ ^ ^ Note: If you cannot offer a benefit in a nondiscriminatory manner because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may March 2009 City of Miami Beach Page .133 of 185 Project Manual Nondiscrimination Declaration be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent, submit a completed Reasonable Measures Application with all necessary attachments, and have your application approved by the City Manager, or his designee. Section 3. Required Documentation YOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit marked in Question 2C. Without proper documentation, your company cannot be certified as complying with the City's Equal Benefits Requirement for Domestic Partner Ordinance. For example, to document medical insurance submit a statement from your insurance provider or a copy of the eligibility section of your plan document; to document leave programs, submit a copy of your company's employee handbook. If documentation for a particular benefit does not exist, attach an explanation. Have you submitted supporting documentation for each benefit offered? Yes _ No Section 4. Executing the Document I declare under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Executed this 24 day of April , in the year 2009 , at Miami , Fl (City) (State) ~/; ~w ~..~'`..-~ 1 ~~ 9500 N.W. 12th Street Bay 1 zt1 -1~'" Name of Sig President tp~ease print) Title Mailing Address Miami, Florida 33172 City, State, Zip Code ... - March 2009 City of Miami Beach Page 134 of 185 Project Manual Bidder's Past Projects SAMPLE PROJECT 1 OF 5 CONTRACTOR'S NAME: H.A. Contracting Corp. CLIENT'S NAME: city of Miami Beach Capital Improvement Projects CLIENT'S CONTACT NAME:- Hiram Siaba CLIENT'SADDRESS: 1701 Meridian Ave. , Miami Beach, Fl. 33139 CLIENT'S PHONE: 305-n73-?Oil _~ 303-673-7073 CLIENT'S EMAIL ADDRESS: hiramsiaba@miamibeachfl.gov OVERALL DESCRIPTION OF THE PROJECT: Park; ng a ag,~ renovation and arlc~;r;~n, add new office with handicap acessib~e restroom, new __ electrical service. TYPE OF CONTRUCTION PROVIDED: Renovation, restoration and addition, structural concrete and steel. Fire Alarm. CONSTRUCTION TRADES PROVIDED ON THE PROJECT: Underground, Structural Shell, Special Coatings, Concrete resotration, Mechanical, Electrical, Plumbing SPECIAL FEATURES OF THE PROJECT (describe how work was performed in City/Urban environment and/or Beach/Bay Front Vicinity): All construction work preformed in occupied facility, special safety precautions required due to traffic. Was the experience described above as a Prime Contractor or as a subcontractor? Prime XX Sub-Contractor What changes and/or modifications were experienced during the course of the project? Owner requested additions to contract and unforeseen underground conditions. March 2009 City of Miami Beach Page 148 of 185 Project Manual Bidder's Past Projects (SAMPLE PROJECT ~ OF 5, CONTINUED) .- How did those changes/modifications affect the schedule? Unforeseen underground conditions and owner implemented changes, extended scheuule. CONTRACT AWARD AMOUNT $ 806 , 000.00 FINAL COST AT COMPLETION: $ 902, 000.00 VALUE OF WORK PERFORMED AS THE PRIME: $ 270, 000.00 TOTAL VALUE OF SUBCONTRACT: $ N/A SCHEDULE START DATE: 8/30/05 SCHEDULE COMPLETION DATE: 6/30/06 ACTUAL START DATE: 8/30/05 11/29/06 ACTUAL COMPLETION DATE: r• PROJECT MANAGER: Henry Schmid DESIGNER: Gambach Architects PROJECT MANAGER: Roberto Gambach TELEPHONE NO: 305-866-4700 *ATTACH ADDITIONAL SHEETS IF NECESSARY* March 2009 City of Miami Beach Page 151 of 185 Project Manual Bidder's Past Projects SAMPLE PROJECT 7~OF 5 CONTRACTOR'S NAME: H.A. Contracting Corp. CLIENT'S NAME: city of Miami Beach Capital Improvement Projects CLIENT'S CONTACT NAME: Hiram Siaba CLIENT'SADDRESS: 1701 Meridian Ave. , Miami Beach, Fl. 33139 CLIENT'S PHONE: =j~}~-~~7~-7071 SAX 305-673-7073 CLIENT'S EMAIL ADDRESS: hiramsiaba@miamibeachfl. goy OVERALL DESCRIPTION OF THE PROJECT: Renovate City of Miami Beach Convention Center Parking Lot with ADA upgrades TYPE OF CONTRUCTION PROVIDED: Site Civil, Pavement, Earthwork, Landscaping .`z 1 c?. -rrigat: zoo-; CONSTRUCTION TRADES PROVIDED ON THE PROJECT: _Equipment Operators, concrete finishers, Laborers SPECIAL FEATURES OF THE PROJECT (describe how work was pertormed in City/Urban environment and/or Beach/Bay Front Vicinity): Critical Phasing and coordination to minimize impact to public. Installation bf MOT Plan. Was the experience described above as a Prime Contractor or as a subcontractor? Prime ~~~~ Sub-Contractor What changes and/or modifications were experienced during the course of the protect?_ Modification of layout, replace exisiting equipment. March 2009 City of Miami Beach Page 148 of 185 Project Manual Bidder's Past Projects (SAMPLE PROJECT2 OF 5, CONTINUED) How did those changes/modifications affect the schedule? Did not effect, work done concurrently. CONTRACT AWARD AMOUNT $ 5 ~ o .013.00 FINAL COST AT COMPLETION: $ 524, 948.00 VALUE OF WORK PERFORMED AS THE PRIME: $ 193, 520.00 TOTAL VALUE OF SUBCONTRACT: $ 331428.00 SCHEDULE START DATE: 1/2/08 SCHEDULE COMPLETION DATE: Phase 1 1/18/08 ACTUAL START DATE: 1/2/08 ACTUAL COMPLETION DATE: 1/18/08 PROJECT MANAGER: Henry Schmid DESIGNER: city of Miami Beach Capital Improvements PROJECT MANAGER: Hiram Siaba 305-673-7071 TELEPHONE NO: *ATTACH ADDITIONAL SHEETS IF NECESSARY* March 2009 City of Miami Beach Page 153 of 185 H.A.. Contracting Corp. prodding quality construction ser.iccs ~ ~, ~ '~~F .K S x,3R"c;. lq CGC: 010703 .r y~~#~ MIAMI INTERNATIONAL BOAT SHOW FEBRUARY 14-18, 2008 rl Convention Center Parking Lot On January 2, 2008, H.A. Contracting broke ground for the Convention Center Parking Lot Renovations. The demolition and resurfacing of the parking lot, demolition and ADA upgrades to the sidewalk, demolition and replacement of curbing, and the installation of new landscape and irrigation all had to be successfully completed prior to the Miami International Boat Show only a month away. A carefully planned and executed construction schedule allowed for the entire scope of work to be completed in just two weeks. The attendees of the boat show were unaware that just weeks before the ground they were standing on was a carefully choreographed ballet of bulldozers, backhoes, graders, stripers, bobcats, cranes, curbing machines, concrete trucks and dozens of construction personnel. Owner City of Miami Beach Project Manager Hank Schmid Completion Date 2008 Miami Office: 9500 NW 12th Street, Bay 1 • Miami, Florida 33172 • Phone (305) 591-9212 Fax (305) 591-9630 Palm Beach Office: 8233 Gator Lane, Suite 36 • West Palm Beach, Florida 33411 • Phone (561) 514-1040 Fax (561) 514-1060 www.hacontracting.com Project Manual Bidder's Past Projects SAMPLE PROJECT 3 OF 5 CONTRACTOR'S NAME: H.A. Contracting Corp. CLIENT'S NAME: Miami Dade water & Sewer Department CLIENT'S CONTACT NAME: Gary Clark CLIENT'S ADDRESS: CLIENT'S PHONE: 786-552-8143 FAX 786-552-8641 CLIENT'S EMAIL ADDRESS: OVERALL DESCRIPTION OF THE PROJECT: Upgrade Sewage Pump Station 79 TYPE OF CONTRUCTION PROVIDED: Removal of well top slab, Box Control Valve box, Pipe and fittings replace with new 20 HP Submersible pump (see Attachement) CONSTRUCTION TRADES PROVIDED ON THE PROJECT: Mechanical Electrical Piping, Plumbing_ SPECIAL FEATURES OF THE PROJECT (describe how work was pertormed in City/Urban environment and/or Beach/Bay Front Vicinity): Complex By-passing Was the experience described above as a Prime Contractor or as a subcontractor? Prime xx Sub-Contractor What changes and/or modifications were experienced during the course of the project? Owner Changes from original scope. 3071 S.W. 28 Ave. Miami, Florida 33233 March 2009 City of Miami Beach Page 152 of 185 Project Manual Bidder's Past Projects (SAMPLE PROJECT S JF 5, CONTINUED) How did those changes/modifications affect the schedule?, Additional time and funds were made availnb~e for change order. CONTRACT AWARD AMOUNT $ 328, ooo. 00 FINAL COST AT COMPLETION: $ 370,640.00 VALUE OF WORK PERFORMED AS THE PRIME: $ 102,000.00 TOTAL VALUE OF SUBCONTRACT: $ 268, 640. o0 SCHEDULE START DATE: 7/27/07 SCHEDULE COMPLETION DATE: 12/4/2007 ACTUAL START DATE: 7/ 2 7/ 0 7 ACTUAL COMPLETION DATE: 2/4/08 PROJECT MANAGER: Chester Webb DESIGNER: Miami dade water & Sewer PROJECT MANAGER: Gary Clark TELEPHONE NO: _ 786-552-8143 *ATTACH ADDITIONAL SHEETS IF NECESSARY* March 2009 City of Miami Beach Page 155 of 185 6 Project Manual SAMPLE PROJECT 4 OF 5 Bidder's Past Projects CONTRACTOR'S NAME: H.A. Contrasting Corp. CLIENT'S NAME: Miami Dade Water & Sewer Department Gary Clark CLIENT'S CONTACT NAME: CLIENT'S ADDRESS: 3071 S.W. 28 Ave. Miami. Florida 33233 CLIENT'S PHONE: 786-552-8143 F/U( 786-552-8641 CLIENT'S EMAIL ADDRESS: OVERALL DESCRIPTION OF THE PROJECT: Upgrade Pump Station 778 Install 2 30HP submersible trumps, control panel, wet well and valve vault. See Attachment TYPE OF CONTRUCTION PROVIDED: Mechanical, Electrical, Piping, Landscep~ng, fencing and by-pass pumping. CONSTRUCTION TRADES PROVIDED ON THE PROJECT: Mechanical, Electrical, Plumbing, Landscaping, Fencing SPECIAL FEATURES OF THE PROJECT (describe how work was performed in City/Urban environment and/or Beach/Bay Front Vicinity): Complex By-pass System Was the experience described above as a Prime Contractor or as a subcontractor? Prime xx Sub-Contractor What changes and/or modifications were experienced during the course of the project?~,~P March 2009 City of Miami Beach Page 154 of 185 Project Manual Bidder's Past Projects (SAMPLE PROJECT 4 OF 5, CONTINUED) How did those changes/modifications affect the schedule? None CONTRACT AWARD AMOUNT $ 455, 557.50 FINAL COST AT COMPLETION: $ 455,557.50 VALUE OF WORK PERFORMED AS THE PRIME: $ 100,000.00 TOTAL VALUE OF SUBCONTRACT: $ 355,557.50 SCHEDULE START DATE: 2/5/04 SCHEDULE COMPLETION DATE: 8/5/04 ACTUAL START DATE: 2J s ~ n~ ACTUAL COMPLETION DATE: 8/5/04 PROJECT MANAGER: Chester Webb DESIGNER: Miami Dade Water & Sewer Dept. PROJECT MANAGER: Gary Clark TELEPHONE NO: 786-552-8143 *ATTACH ADDITIONAL SHEETS IF NECESSARY'` March 2009 City of Miami Beach Page 155 of 185 F Project Manual Bidder's Past Projects SAMPLE PROJECT SOF 5 CONTRACTOR'S NAME: H.A. Contrasting Corp. CLIENT'S NAME: Miami Dade Water & Sewer Department Gary Clark CLIENT'S CONTACT NAME: CLIENT'S ADDRESS: 3071 S.W. 28 Ave. Miami. Florida 33233 CLIENT'S PHONE: 786-552-8143 FAX 786-552-8641 CLIENT'S EMAIL ADDRESS: OVERALL DESCRIPTION OF THE PROJECT: Upgrade Sewer Lift Station 359 Removal of existing system and replace with new control system valve pit, piping, valves, fittings and accessories with 20 HP submersible pump. TYPE OF CONTRUCTION PROVIDED: Electrical. Mechanic~ai, Plumbing„ Landsc<,ping (Sep attachment) CONSTRUCTION TRADES PROVIDED ON THE PROJECT: Electrical, Mechanical, Plumbing, Landscaping SPECIAL FEATURES OF THE PROJECT (describe how work was performed in City/Urban environment and/or Beach/Bay Front Vicinity): Work Completed in residential area. Particular attention paid to protecting surrounding properties. Was the experience described above as a Prime Contractor or as a subcontractor? Prime xx Sub-Contractor What changes and/or modifications were experienced during the course of the project? None March 2009 City of Miami Beach Page 154 of 185 Proiect Manual (SAMPLE PROJECTSOF 5, CONTINUED) How did those changes/modifications affect the schedule? None CONTRACT AWARD AMOUNT $ 286 , 982.00 FINAL COST AT COMPLETION: $ 286.982.00 VALUE OF WORK PERFORMED AS THE PRIME: $ 135,000.00 TOTAL VALUE OF SUBCONTRACT: $ 151,982.00 SCHEDULE START DATE: 3/9/05 SCHEDULE COMPLETION DATE: 9/10/05 ACTUAL START DATE: 3 / 9 / 05 ACTUAL COMPLETION DATE: 9/10/05 PROJECT MANAGER: Chester Webb DESIGNER: Miami Dade Water & Sewer PROJECT MANAGER: Gary Clark TELEPHONE NO: 786-552-8143 Bidder's Past Projects *ATTACH ADDITIONAL SHEETS IF NECESSARY* March 2009 City of Miami Beach Page 155 of 185 , OWNER Miami Dade Water & Sewer P- ENGINEER Post, Buckley, Schuh & Jernigan PROJECT MANAGER Chester Webb Upgrade Sewage-Pump Station 359 ............................................... $286,982.00 18800 N.W. 45 Ave. Removal of existing welltop slab; box control; valve box, valve, piping and fittings; removal of existing l OHP submersible pump. Install new control system, valve pit, piping, valves, fittings, and accessories. 20 HP submersible pumps-connections to existing force main repair surfaces-cleaning and repairing wet well concrete surfaces, wet well coating, new wet well slab and hatch. New pump station control panel and cabinet, installing proposed electrical control system and telemetry system. OWNER Miami Dade Water & Sewer ENGINEER Post, Buckley, Schuh & Jernigan PROJECT MANAGER Chester Webb Master Lift Station #79 ............................................................ $370,640.00 Location: 3399 N.W. 14 Street H.A. Contracting successfully completed the installation of two new submersible pumps to Master Lift Station #79. Along with these 47 HP Pumps, H.A. Contracting also facilitated the installation of new control panels, cabinetry, and telemetry system and site restoration. H.A. Contracting has the technical expertise to complete projects of any complexity. OWNER Miami Dade Water & Sewer ENGINEER Post, Buckley, Schuh & Jernigan PROJECT MANAGER Chester Webb Pump Station 670 ............................................................................................ $342,900.00 Location: 13901 S.W. 54 Street Installation, operation and removal of temporary by-pass pumping, install new valve pit, piping, fittings, plug valves and accessories. Construct 8-inch DIP force main, 47 HP submersible pumps with piping, valves fittings and accessories, connect to existing force main. Install wet-well, slab access hatch and insect screen, Control Panel, new telemetry foundation. Furnish and Insta116' foot Chain link fence with a 12' gate; sod; sidewalk; driveway and any miscellaneous items to complete the work. _. OWNER Miami Dade Water & Sewer ENGINEER Post, Buckley, Schuh & Jernigan PROJECT MANAGER Chester Webb Pump Station 778 ............................................................................$455,557.50 10210 S. W. 13 Street Start up Service, install (2) 30 Hp submersible pumps, control panel, wet well, valve vault. Furnish and install control panel; furnishing and installing 8" gravity connection from wet well to man-hole. By-pass pumping; demolition and modification work. Furnish and install D.I. pipe and fittings for sewage force main, remove existing 6-inch sanitary C.I. pipe and sealing existing with grout. Installation fence, gate and landscaping; relocating backflow preventer, hose bibb and cover; electrical and mechanical work. ~.~, OWNER Miami Dade Water & Sewer ENGINEER Post, Buckley, Schuh & Jernigan PROJECT MANAGER Chester Webb Pump Station 863 ......................................................................$192,500.00 Location: 14320 S.W. 71 Street Cutting and removal of existing wet well top slab, removal of electrical control panel, installation and operation of temporary by-pass pumping system removal of 5 Hp submersible Pumps remove valve box, valves, piping and fittings, replace existing 4 inch discharge piping with 6-inch piping, furnishing and installing emergency discharge connection and make connection to existing main, Furnish and install 15 Hp submersible pumps, prepare wet well surface and top slabs, access hatch and insect screen, furnish and install control panel and cabinet. OWNER Miami Dade Water & Sewer ENGINEER Post, Buckley, Schuh & Jernigan PROJECT MANAGER Chester Webb Upgrade Sewage- Pump Station 1133 ........................................... $405,250.00 Furnishing and installing (2) 47 Hp submersible pumps and bases; rehabilitation of existing wet well with a concrete protection coating, furnishing and installing apre-cast concrete valve vault; furnishing and installing ductile iron pipe, valves and fittings for force main work in a contaminated area; furnishing and installing control panel, telemetry antenna, automatic transfer switch and all modification work, demo of existing pump station building and by-pass pumping OWNER Miami Dade Water & Sewer ENGINEER Post, Buckley, Schuh & Jernigan PROJECT MANAGER Chester Webb ._ Pump Station 22 .......................................................................$405,089.00 City of North Miami Beach Installation and maintenance of a by-pass pumping system during construction, conversion of existing suction lift configuration to a submersible design, demolition of existing pump shed, wet well and top slap, cleaning, patching and applying special coating to wet well, installation of new top slab with hatches, installation of new valve box, installation of submersible pumps, valuing and control panel, installation of all associated piping, wiring and appurtenances required providing the city of north Miami beach with a fully operational submersible pump station. Site restoration including the installation of a new fence, asphaltic overlay of existing driveway and replacement of sod damaged during construction. Pump Station 338 .......................................................$233,320.00 6398 Jack Rabitt Lane Furnish and install 2 submersible pumps, ductile iron pipe, valves and fittings for sewage force main; furnish an install access hatches; control panel, wet well with a concrete protective coating; modify existing drywell to a valve pit; by-pass-connect to existing force main. Testing Start up and any additional work for a complete and fully functional system. Calcium Carbonate Booster Pump Station at Snapper Creek... $386,000.00 '"' Miami-Dade Water & Sewer New construction of booster station and reinforced concrete structure with overhead crane assembly. ., ~., -..~„ ~~~ ~,R: Pump Station No. 5 ........................................................$447,024.00 City of Coral Gables 4520 Ponce De Leon Blvd. Engineer Hazen and Sawyer H.A. Contracting Corp. furnished all labor and materials necessary to the improvement of Pump Station No. 5. H.A. Contracting worked successfully with the City of Coral Gables staff to meet their needs. We provided demolition of existing structures and equipment, purchasing of pumping units, piping, fittings and valves. Electrical equipment and structures, top slab, valve box underground piping and appurtenances. Control Panel and electrical work; painting landscaping; site restoration; cleaning and testing. Pump Station "G" Improvements ........................................$221,000.00 City of Coral Gables Hardee Road and Maripoza Ave. Engineer: Hazen and Sawyer Removal and replacement of existing top slab and walls; furnish and install valve box, pumping units/ discharge pumping; control panel and landscaping. Hardening Pump Stations S-2 and S-3 ..................................$1,041.495.00 South Florida Water Management District Hendry and Palm Beach Counties The purpose of the project was to upgrade the wind and weather resistance of the respective buildings to accommodate wind pressures in accordance with ASCE 7-98, exposure category "C", 200 year, Mean Recurrence Interval (MRI). Project Manual Form of Certificate of Insurance 00912 FORM OF CERTIFICATE OF INSURANCE BID TITLE Horizontal ROW ITB No. 23- Insurance Checklist XXX 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). XXX 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. 4. Excess Liability - $ .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as an additional insured on the liability policies; and it must be stated on the certificate. XXX 6. Other Insurance as indicated: Builder's Risk Insurance will be determined on aproject-by-project basis. _ Liquor Liability $ .00 _ Fire Legal Liability $ .00 _ Protection and Indemnity $ .00 _ Employee Dishonesty Bond $ .00 -Other $ .00 XXX 7. Thirty (30) days written cancellation notice required. XXX 8. Best's guide rating B+: VI or better, latest edition. XXX 9. The certificate must state the bid number and title. BIDDER AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these specifications and that evidence of this insurance may be required within five (5) days after bid opening. H.A. Contracting Corp. Bidder idder March 2009 City of Miami Beach Page 159 of 185 Project Manual Statement of Compliance -Davis Bacon Act 00919 STATEMENT OF COMPLIANCE (DAVIS BACON ACT). No. Contract No, 23-os/o9 Project Title Horizontal Row As required, if any on a Job Order by Job Order basis, the undersigned Contractor hereby swears under penalty of perjury that, during the period covered by the application for payment to which this statement is attached, all mechanics, laborers, and apprentices, employed or working on the site of the Project, have been paid at wage rates, and that the wage rate`s of payments, contributions, or costs for fringe benefits have not been less than those required by the Davis Bacon Act and the applicable conditions of the Contract. Dated Anril 24 , 20 09 H. A.,Contrac~ng Corp. x By H An la III President ! ame and Title) STATE OF ) Florida ) SS ~~ COUNTY OF ) "l Dade The foregoing instrument was acknowledged before me this 24 day of,April 20~~, byHe who is~er°sona~lly known to me or who has produced as identification and who did/did not take an oath. ~' WITNESS my hand and official seal, this ~~` day of Aril , 20 09 (NOTARY SEAL) (Signature of perso aging acknowledgment) ~s. ~~~% ~.,_ ceav~RS~ fig: ~ = MY GOMMlSSION # tit} 6346Q5 ', - ~ ~XP(RES: Mgrch 5, ZOt t (Name of officer take acknowledgment) ~, , 9onded Thru Nvt~ry pubVc Unanrwdtets .. My commission expires: (Serial number, if any) March 2009 City of Miami Beach Page 171 of 185 ~. Project Manual Davis Bacon Wage Decisions 00920 DAVIS BACON WAGE DECISIONS GENERAL DECISION: FL20080001 01/23/2.009 FLl Date: January 23, 2009 General Decision Number: FL20080001 01/23/2009 Superseded General Decision Number: FL20070001 State: Florida Construction Type: Building County: Miami-Dade County in Florida. BUILDING CONSTRUCTION PROJECTS (does not include single family homes and apartments up to and including four (4) stories) Modification Number Publication Date 0 02/08/2008 1 02/15/2008 2 03/21/2008 3 06/27/2008 4 07/18/2008 5 08/15/2008 6 09/19/2008 7 10/10/2008 8 11/21/2008 9 01/23/2009 ASBE0060-001 09/01/2008 Rates Fringes Asbestos Worker/Heat and Frost Insulator ..................$ 29.00 10.45 ----------------------------------------------------------------- ELEC0349-001 09/01/2008 Including Fire Alarm Installation Rates Fringes. ELECTRICIAN (Including Fire Alarm Installation) Electrical contracts including mateials that March 2009 City of Miami Beach Page 172 of 185 Project Manual Davis Bacon Wage Decisions are over $2,000,000..........$ 28.61 8.60 Electrical contracts including materials that are under $2,000.,000........$ 26.15 8.33 ---------------------------------------------------------------- * ELEV0071-001 01/01/2009 Rates Fringes ELEVATOR MECHANIC ................$ 35.21 18.285 FOOTNOTE FOR ELEVATOR CONSTRUCTORS: A: Employer contributes. 8% basic hourly rate for 5 years or more of service or 6% basic hourly rate for 6 months to 5 years of service as Vacation Pay Credit; Paid Holidays: New Year's Day; Memorial Day; Independence Day; Thanksgiving Day; Christmas Day, plus the Friday after Thanksgiving. * ENGI0487-001 01/01/2009 Rates Fringes Power equipment operators: Boom Truck Operator......... $ 28.55 7.65 Crane (Including Truck Crane) ...................... $ 28.55 7.65 Crane Oiler (Including Truck Craney ...... ......... $ 20.00 7.65 Piledrivers........... ... $ 28.05 7.65 IRON0272-001 10/01/2006 Rates Fringes Ironworkers: Ornamental ..................$ 26.70 6.43 Reinforcing .................$ 26.70 6.43 Structural ..................$ 26.70 6.43 ---------------------------------------------------------------- PLUM0519-001 09/16/2.008 Rates Fringes PLUMBER ..........................$ 27.07 7.93 ---------------------------------------------------------------- March 2009 City of Miami Beach Page 173 of 185 Project Manual Davis Bacon Wage Decisions ,~ PLUM0725-001 07/16/2008 Rates Fringes PIPEFITTER (Including HVAC)......$ 30..55 9.1.0 ------------------------------------------------------------------ * SFFL0821-001 01/01/2009 Rates Fringes SPRINKLER FTTTER .................$ 22.25 13.84. SHEE0032-001 08/12/2007 Rates Fringes Sheet metal worker (Including HVAC duct work).... ..........$ 23.72 10.48 ---------------------------------------------------------------- * SUFL1999-001 03/04/1999 ~~~~~, r __ Rates Fringes Acoustical Tile Installer..... ...$ 10.00 0.62 Bricklayer/Blocklayer......... ...$ 15.36 CARPENTER (Including Drywall Hanging and Batt Installation) ...$ 12.90 2.40 Cement Mason/Concrete Finisher ...$ 14.50 3.15 DRYWALL FINISHER/TAPER........ .,.$ 12.50 FLOOR LAYER: CARPET ........... ..$ 14.25 GLAZIER ..........................$ 13.05 2.42 Laborers:. Pipelayers ..................$ 13.81 Plasterer Tenders.... ......$ 10.09 Unskilled (Including Mason Tending) ....................$ 8.70 PAINTER.: Brush Only .............$ 9.61 PLASTERER ................ ......$ 15.05 March 2009 City of Miami Beach Page 174 of 185 Project Manual Davis Bacon Wage Decisions Power equipment operators: Backhoe ..................... $ 15.71 2..85 Bulldozer ................... $ 14.58 2.85 Concrete Pump Operator...... $ 14.78 Grader ...................... $ 15.9.3 2.85 Loader ...................... $ 15.04. 2.85 Roller ...................... $ 12.84 2.85 ROOFER, Including Built Up, Composition and Single Ply Roofs .......................... .. $ 9.99 TILE SETTER ......................$ 12.50 0.87 TRUCK DRIVER .....................$ 10.95 1.83 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. -, -,~' Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be ,„_ prevailing.. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be. * an existing. published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on -+\ a wage determination matter '~ * a conformance (additional classification and rate) ruling March 2009 City of Miami Beach Page 175 of 185 _ Project Manual Davis Bacon Wage Decisions. !~ On survey related matters, initial contact, including requests. for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis--Bacon survey program. If the response from this initial contact is not satisfactory., then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal "`° process described here, initial contact should be with the Branch of Construction Wage Determinations. Write toc Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.. Washington, DC 20210 2.) If the answer to the question in l.) is yes, .then an interested party (those affected by the action) can request review and reconsideration from the Wage. and Hour Administrator - ---~~ ( See 2 9 CFR Part 1 .8 and 2 9 CFR Part 7 ) . Write to Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description., area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 202.10 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION March 2009 City of Miami Beach Page 176 of 185 Project Manual Davis Bacon Wage Decisions GENERAL DECISION: FL20080044 02/08/2008 FL44 'Date:.February 8, 2008 General Decision Number: FL200.80044 02/08/2008 Superseded General Decision Number: FL20070044 State: Florida Construction Type: Highway County: Miami-Dade County in Florida. HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building structions in rest areas projects, and railroad construction; bascule, suspension & spandrel arch bridges designed for commercial navigation; bridges involving marine construction; other major bridges). Modification Number Publication Date 0 02/08/2008 .~_.,/ SUFL1993-007 08/01/1993 Rates Fringes Bricklayer/Brickmason..........$ 11.00 Carpenter ......................$ 11.72 Concrete Finisher ..............$ 1.2..22 Electrician ....................$ 14.42 Fence Erector ..................$ 12.00 Form Setter ....................$ 10.52 Guardrail erector ..............$ 7.55 Ironworkers: Reinforcing .................$ 13.52 Structural ..................$ 14.65 Laborers: Asphalt Raker ...............$ 8.23 Pipelayers ..................$ 9.14 ~. March 2009 City of Miami Beach Page 177 of 185 Project Manual Unskilled ...................$ 7.55 Painter ........................$ 11..62 Davis Bacon Wage Decisions Power equipment operators: Asphalt Distributor.........$ 8.67 Asphalt Paving Machine Operator ....................$ 10.48 Asphalt Screed ..............$ 9.22 Backhoe .....................$ 11..27 ,Boom-Auger Operator.........$ 10.14 Bulldozer ...................$ 10.40 Concrete Curb Machine.......$ 10.93 Concrete Joint Saw..........$ 11.86 Crane, Derrick, or Dragline ....................$ 13.59 Earthmover ..................$ 9.57 Forklift Op .............. .$ 8.00 Front End Loader: 1 cu. yard and under......$ 9.29 Over 1 cu. yard...........$ 9.68 _--.~ Gradall .....................$ 10.50 `, Grademan ....................$ 7.64 Guardrail Post Driver Operator ................ .._$ 10.75 Mechanic ....................$ 12.00 Milling Machine......... ..$ 8.71 Milling Machine Grade Checker .....................$ 7.78 Motor Grader ................$ 11.52 Mulching Machine............$ 7.75 Oiler, Grease Man...........$ 12.21 Pavement Striping Machine .....................$ 9.34 Paving Striping Machine Nozzleman ...................$ 7.91 Piledrivers: Leadsman ..................$ 14.77 Operator ..................$ 13.71 .Power Subgade Mixer.........$ 8.50 Rollers: Finish ....................$ 9.18 Rough .....................$ 7.66 Self Prop. Rubber Tire....$ 9.20 Scraper .....................$ 7.55 Sign Erector ................$ 11.65 Small Tool Operator.........$ 8.05 ,~. March 2009 City of Miami Beach Page 178 of-185 Project Manual Tractor, Light ..............$ 7.83 Trenching Machine...........$ 8.19 Widening Spreader Machine .....................$ 8.50 Traffic Controller TRAFFIC CONTROL SPECIALIST :.................$ 7.95 TRAFFIC SIGNALIZATIONr Installer . ...............$ 8.61 Mechanic .................$ 11.47 TRAFFIC SIGNALIZATION: Truck drivers: Low-Boy .....................$ 8.63 Single & Multi-Rear Axle....$ 8.05 Davis Bacon Wage Decisions WELDERS - Receive rate. prescribed for craft performing operation to which welding is incidental. J Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)) . In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose gates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be. * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on _, a wage determination matter { * a conformance (additional classification and rate) ruling March 2009 City of Miami Beach Page 179 of 185 Project Manual Davis Bacon Wage Decisions On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and. Hour Regional Office for the area in which the survey was conducted ~.; because those Regional Offices have responsibility for the Davis--Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.. With regard to any other matter not yet ripe for the formal process described-here, initial contact should be with the Branch of Construction Wage Determinations. Write to: "` Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator ~~~~ (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage ..~. payment data, project description., area practice material, etc.) that the requestor considers relevant to the issue. ... 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: ... Administrative Review Board U.S. Department of Labor ,,,e 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION March 2009 City of Miami Beach Page 180 of 185 Project Manual Contractor's Qualification Statement 00908 CONTRACTOR'S QUALIFICATION STATEMENT ITB Number' 23-08/09 Horizontal ROW Contractor Name: x.A. Contracting Corp. The undersigned certifies under oath that the information provided herein is true and sufficiently complete as not to be misleading: Submitted By: Henry Angelo III (Name) President (Title) Address: 9500 N.W. 12th St. Bav 1 Miami, F1. 33172 Corporation ~ Partnership ^ Individual ^ Joint Venture ^ Other ^ Principal Office Location __9500 N.W. 12th St. Bay 1 Miami, Fl. 33172 Name of the Project: Job Order Contract - ITB No.: 23-08/09 xorizontal Row 1. Organization 1.1 How many years has your organization been in business as a contractor? 26 1.2 How many years has your organization been in business under its present business name? 26 1.2.1 Under what other names has your organization operated? None March 2009 City of Miami Beach Page 141 of 185 Project Manual Contractor's Qualification Statement 1.3 If your organization is a corporation, answer the following: 1.3.1 Date of incorporation April 1983 1.3.2 State of incorporation Florida 1.3.3 President's Name Henry Angelo III 1.3.4 Vice President's Name Nicholas Angelo 1.3.5 Secretary's Name Nicholas Angelo 1.3.6 Treasurer's Name 1.4 If your organization is a partnership, answer the following: 1.4.1 Date of organization 1.4.2 Type of partnership (if applicable) 1.4.4 Name(s) of General partner(s) _ r- 1.5 If your organization is individually owned, answer the following: 1.5.1 Date of organization 1.5.2 Name of Owner 1.6 If the form of your organization is other than those listed above, describe it and name the principals: March 2009 City of Miami Beach Page 142 of 185 Project Manual 2. Licensing Contractor's Qualification Statement 2.1 List licensing evidencing your organization is legally qualified to conduct business in Florida and perform the scope of work described in this ITB respective to the Job Order Contract that you are bidding (see Invitation To Bid -Bid Table), and indicate registration or license numbers (also attach photocopy of license(s)): State of Florida Certified General Contractor CGC 010703 3. Experience 3.1 List the categories of work your firm normally performs with its own forces. Painting, Waterproofing, Supervision, Obstruction Management Plaster, Masonry, Carpentry 3.2 Claims and suits. (If answer to any of the questions below is yes, please attach details). 3.2.1 Has your organization ever failed to complete work awarded to it? No 3.2.2 Are there any judgments, claims, arbitration proceedings or suits pending or outstanding against your organization or its officers? No 3.2.3 Has your organization filed any law suits or request arbitration with regard to construction contracts within the last five (5) years? No 3.3 Within the last five (5) years, has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a construction contract? (If the answer is yes, please attach details). No March 2009 City of Miami Beach Page 143 of 185 Project Manual Contractor's Qualification Statement 4. Attach Organizational Chart hereto. ... ... 5. Attach Staffing Plan hereto. March 2009 City of Miami Beach Page 144 of 185 H.A. Contracting Corp. providing quality construction services •~- CGC: 010703 e -- -- - nCs , c; ,n ~' ggN~TT pp gg~~SggTATgE OF FLORIDA ii ' DEPARTMCONSTRVCTION INDU9TRYRLZCHN9INGLHORA~LATZON SEQMLOeoei3olfu - LI E 108/13/2008 078165468 COC010703 Ths GHNHRAL CONTRACTOR Named below IS CHRTZPIED Under the proviaione of Chapter 489 PS. 8xpira lion dater AIIG 31, 2010 ANGELO HENRY III - H A CONTRACTING CORP : 9500 NW 12 ST HAY 1 MIAMI PL 33172 CHARLIE CRIST CHARLES N. DAAGO GOVERNOR SECRETARY OISPIAY AS REQUIRED BY LAW . __.__- AG>' ,. s~ y __ _____., ~ ~ '' SggTAT9E OF FLORIDA ' DEPARTMCONSTRUCTIONEZNDUASTRYRL2 CfiNSZN6LBOARDLATION ~ i SEQ4tLOeoello2sf7 • LICSNSB NHR I :. _.___ 08 13 2008 078165470 CUC056875 ~:' The UNDERGROUND UTILITY fi 8%CAVATION CO Named below I3 CERTIPIED Under the proviaione of Chapter 489 F9. Expiration date: AUG 31, 2010 ANGELO, HENRY III H A CONTRACTING CORP 9500 NW 12 ST BAY 1 MIAMI FL 33172 CHARLIE CRIST CHARLES W. DRAGO GOVSRNOA SECRETARY OISPIAY AS REQUIRED BY LAW e.. .~ Miami Office: 9500 NW 12th Street, Bay 1 • Miami, Florida 33172 • Phone (305) 591-9212 Fax (305) 591-9630 Palm Beach Office: 8233 Gator Lane, Suite 36 • West Palm Beach, Florida 33411 • Phone (561) 514-1040 Fax (561) 514-1060 www.hacontracting.com H.A. Contracting Corp. providing quality construction services Construction Management Team City of Miami Beach JOC Henry Angelo III, GC President Nicholas Angelo, GC Vice President Xavier Sansaricq Project Manager H.A. Contracting Corp. providing ~'~uality const~ucfion services CGC: 010703 ,.. r .-~ ~- ,.-. Key Personnel Name Relevant Licenses or Certifications Experiense (# of Yrs) Education (Degree or #Yrs) Henry Angelo III CGC 010703 & CUC 056875 35 years BS, Building Construction Nicholas Angelo CGC 020522 (Inactive) 35 Years AA, Business Nicholas Leavers CGC 1517002 4 Years BS, Building Construction Lee Louissaint 15 Years Dennis Dara 28 Years AA Hank Schmid 18 Years BS, Construction Management Jeffery Krasne CGC 059382 20 Years BS Miami Office: 9500 NW 12th Street, Bay 1 • Miami, Florida 33172 • Phone (305) 591-9212 Fax (305) 591-9630 Palm Beach Office: 8233 Gator Lane, Suite 36 • West Palm Beach, Florida 33411 • Phone (561) 514-1040 Fax (561) 514-1060 www.hacontracting.com H.A. Contracting Corp. providing quality construction services CGC: O l 0703 °~~ STAFFING PLAN FOR JOC Hank Schmid has been identified as the primary contact for the City of Miami Beach. Currently working with COMB, Hank will fluently handle the projects assigned under this contract. """ The necessary staff will be assigned to projects as per the following breakdown: Projects ranging up to $500,000.00 Project Manager Level II Field Supervisor In House Projects ranging from $500,000.01 to $1,000,000.00 Vice President Project Manager Level I Project Manager Level II Field Supervisor In House Field Manager In House Projects greater than $1,000,000.00 President Vice President Project Manager Level I Project Manager Level II Field Supervisor In House Field Manager In House Job Order Contracts are indefinite quantity, firm fixed price contracts. The contractor is responsible for evaluating the scope of work as defined by the owner and developing a quantitative estimate to be used in conjunction with the Job Order Contract Unit Price Catalog. Each Project will be assigned a Construction Project Manager. The Contract Project Manager along with the Estimator will develop bid price for work being solicited. Progen Proposals will be submitted in compliance with the JOC contract documents. Miami Office: 9500 NW 12th Street, Bay 1 • Miami, Florida 33172 • Phone (305) 591-9212 Fax (305) 591-9630 Palm Beach Office: 8233 Gator Lane, Suite 36 • West Palm Beach, Florida 33411 • Phone (561) 514-1040 Fax (561) 514-1060 www.hacontracting.com H.A. Contracting Corp. providing yualiCy construction services CGC: 010703 Upon receipt the Notice of award the Contract Administrator begins the project administration along with the Construction Project Manager including subcontractor agreements, design, permitting & submittals. Material Submittal log will be developed, and all submittals effecting the critical path of the project will be forwarded to the owner' representative as soon as possible. The project schedule will be submitted for approval upon completion of design drawings (if applicable). Once apre-construction meeting is held, mobilization will commence & work will begin according to schedule. Upon substantial completion of the project, in house forces affirm punch list completion by all involved. At final acceptance inspection approval, project administrators will generate close out packages, including but not limited to required contract forms, As Built drawings and copies of permits or other pertinent documents, submitted to the owner for approval. Subcontractors are governed by the Construction Project Manager and supervised daily by the Construction Superintendent. Historically, HA Contracting Corp has utilized superior subcontractors. Proposed for this project is the use of some of our most experienced, superior quality & performance subcontractors. All are licensed and insured. w Miami Office: 9500 NW 12th Street, Bay 1 • Miami, Florida 33172 • Phone (305) 591-9212 Fax (305) 591-9630 Palm Beach Office: 8233 Gator Lane, Suite 36 • West Palm Beach, Florida 33411 • Phone (561) 514-1040 Fax (561) 514-1060 www.hacontracting.com H.A. Contracting Corp. prop°iding quality construction services CGC: 010703 Henry Angelo III President Education Bachelors in Building Construction University of Florida 1976 Associates in Arts Miami Dade Community College 1974 Years of Experience Total 35 years HACC 24 years Licenses Certified General Contractor State of FL CGC 010703 Certified Underground Utilities & Excavation State of Florida CUC 056875 As the founder of H.A. Contracting Corp., Henry is the driving force behind the success of the firm. With over 27 years of experience in the construction industry, his experience ranges from governmental agency work such as U.S. Army Corp of Engineers & U.S. Air Force, water treatment rehabilitation with Miami Dade Water & Sewer Authority to local municipalities and public school district. His proven leadership abilities have lead to a successful firm. Delivery Project Title Dollar Function CM MDCPS JOC 97S $4,243,601 Executive Manager CM MDCPS JOC 99S $3,757,388 Executive Manager CM MDCPS JOC 02S $2,171,474 Executive Manager CM Miami Dade WASA $4,551,596 Construction Manager Traditional New Western Wellfield $3,226,000 Executive Manager CM Miami Beach JOC PW $1,477,660 Executive Manager CM Miami Beach JOC CW $2,674,616 Executive Manager CM City of Miami JOC $1,964,636 Executive Manager Miami Office: 9500 NW 12th Street, Bay 1 • Miami, Florida 33172 • Phone (305) 591-9212 Fax (305) 591-9630 Palm Beach Office: 8233 Gator Lane, Suite 36 • West Palm Beach, Florida 33411 • Phone (561) 514-1040 Fax (561) 514-1060 www.hacontracting.com H.A. Contracting Corp. pro~~iding quality construction services CGC: 010703 Nicholas Angelo Vice President Education Miami Dade Community College Building Construction 1975 Years of Experience Total 35 years HACC 24 years lirancac Certified General Contractor State of FL (Inactive) CGC 020522 Certified Real Estate #0435780 Certified Mortgage Broker #169578 Nicholas is highly diversified in his experience in the construction industry. With numerous years of on hands experience and a vast range of licenses, his knowledge of land development and construction lends to the firms backbone of successful completions of construction management, design build & restorative/rehabilitation projects. His primary focus currently is school district contracts. Delivery Project Title Dollar Function CM MDCPS JOC 97S $4,243,601 Construction Manager CM MDCPS JOC 99S $3,757,388 Construction Manager CM MDCPS JOC 02S $2,171,474 Construction Manager CM Broward County Schools OE $1,259,125 Construction Manager Traditional Palm Beach County JOC $2,433,420 Construction Manager CM Broward County School Board $1,259,125 Construction Manager CM Miami Beach JOC CW $2,674,616 Construction Manager CM City of Miami JOC $1,964,636 Construction Manager CM Broward Schools Portables $3,726,924 Construction Manager Miami Office: 9500 NW 12th Street, Bay 1 • Miami, Florida 33172 • Phone (305) 591-9212 Fax (305) 591-9630 Palm Beach Office: 8233 Gator Lane, Suite 36 • West Palm Beach, Florida 33411 • Phone (561) 514-1040 Fax (561) 514-1060 www. hacon tracting.com H.A. Contracting Corp. providing quality construction services CGC: 010703 Henry Schmid* Construction Manager * Primary Contact Education Florida International University Bachelor of Science Construction Management Years of Experience Tota 116 years HACC 3 years A dedicated and ethical professional in the field of construction Hank brings with his experience organization, time effectiveness and the ability to multi task projects. As a current project manager for H.A. Contracting Corp., he has a reputation for building teams to insure timely, accurate and quality completion of projects with insight on construction & design projects, with recent emphasis on educational & governmental facility renovations. Delivery Proiect Title Dollar Function CM ity of Miami Beach JOC Public Works $5,221,616.00 Construction Manager CM Interior & Exterior Renovations $ 1,110,925 Construction Manager CM Park Renovations & New Addition $ 1,243,833 Construction Manager CM Storm System Renovations $ 1,639,889 Construction Manager Competitive Bid Hialeah Lime Kiln $965,000.00 Construction Manager Miami Office: 9500 NW 12th Street, Bay 1 • Miami, Florida 33172 • Phone (305) 591-9212 Fax (305) 591-9630 Palm Beach Office: 8233 Gator Lane, Suite 36 • West Palm Beach, Florida 33411 • Phone (561) 514-1040 Fax (561) 514-1060 www.hacontracting.com H.A. Contracting Corp. providing quality construction services CGC: 010703 Nicholas Leavers Construction Manager Education Florida International University Bachelor of Science Construction Management 2008 Magna Cum Lade Years of Experience Total 4 years HACC 4 years OSHA 30 Hour #600152239 Certified General Contractor State of Florida CGC1517002 Nicholas comes from a long lineage of general contractors & construction managers. Growing up in a family of contractors drove Nicholas to attend FIU for their construction management program. Nicholas now brings the latest techniques in construction management to a strong foundation of construction at HA Contracting. Currently handling competitive open bid projects, the modular relocations for Broward County Public Schools and renovation projects for Palm Beach County, Nicholas is timely, efficient & well organized which allows him to complete projects on task. Delivery Project Title Dollar Function CM SBBC 2007-04-FC $ 4,388,049 Asst. PM CM PBSO-UPS Admin #06645 $ 1,227,223 Asst. PM CM Sherwin Williams Paints $ 110,000 PM Miami Office: 9500 NW 12th Street, Bay 1 • Miami, Florida 33172 • Phone (305) 591-9212 Fax (305) 591-9630 Palm Beach Office: 8233 Gator Lane, Suite 36 • West Palm Beach, Florida 33411 • Phone (561) 514-1040 Fax (561) 514-1060 www.hacontracting.com H.A. Contracting Corp. providing quality construction services Dennis Dara Project Manager CGC: 010703 Education Associates in Arts Miami Dade College Years of Experience Total 18 years HACC 15 years As a career construction project manager, Dennis's vast experience and knowledge has been in a multitude of project scopes. From construction of multi level housing projects renovations, to lift stations to new construction of bank & educational/institutional facilities, Dennis has managed most facets of the industry. With strong experience in the Job Order Contracting & educational facility arena, Dennis is working with Miami Dade College and Miami Dade County Public Schools currently. Delivery Project Title Value Function CM Interior & Exterior Renovations $ 827,655 Project Manager CM Structural Repairs & Major Paint $ 590,350 Project Manager CM Interior Buildout $ 384,938 Project Manager CM Wellfield additons & Renovations $ 3,220,000 Project Manager CM Renovations $ 806,370 Project Manager CM Interior & Exterior Renovations $ 616,214 Project Manager Miami Office: 9500 NW 12th Street, Bay 1 . Miami, Florida 33172 • Phone (305) 591-9212 Fax (305) 591-9630 Palm Beach Office: 8233 Gator Lane, Suite 36 • West Palm Beach, Florida 33411 • Phone (561) 514-1040 Fax (561) 514-1060 www.hacontracting.com H.A. Contracting Corp. providing quality construction services Xavier Sansaricq Project Manager CGC: 010703 Education Miami Dade Community College Building Construction Years of Experience Total 18 years HACC 15 years Xavier's starts as a painter & project foreman has lead him through many years of exposure in the construction industry. As a construction supervisor with HACC over the last 5 years, Xavier's strengths have been his ability to balance the field and office supervision & duties. Currently running the School District of Palm Beach County Portable relocations contract, the School District of Broward County's Relocatable Buildings contract and the Palm Beach County JOC Contract, Xavier manages subcontractors, crew, architects and engineers directly. Bilingual, he is ale to provide effective communication to those associated with projects at all levels. Delivery Project Title Dollar Function CM SBBC 2007-04-FC $4,388,049 Project Manager CM SBBC 2002-02-FC $3,726,924 Project Manager CM BCSB Wilma Repairs $828,843 Project Manager CM Atlantic Shores Healthcare $ 1,090,000 Project Manager CM Palm Beach Airport Sound Insulation $ 1,392,405 Project Manager CM Palm Beach City JOC 2002-2003 $ 3,857,375 Project Manager CM Palm Beach City JOC 2000-2001 $ 4,300,506 Project Manager CM Palm Beach City JOC 1998-1999 $ 4,138,477 Project Manager CM Palm Beach City JOC 1996-1997 $ 3,295,481 Project Manager Miami Office: 9500 NW 12th Street, Bay 1 • Miami, Florida 33172 • Phone (305) 591-9212 Fax (305) 591-9630 Palm Beach Office: 8233 Gator Lane, Suite 36 • West Palm Beach, Florida 33411 • Phone (561) 514-1040 Fax (561) 514-1060 www.hacontracting.com H.A. Contracting Corp. providing quality construction services CGC: 010703 Jeffery Krasne Estimator Education University of Florida Bachelor of Science Building Construction 1992 Years of Experience Total 20 years HACC 2 years Certified General Contractor CGC 059382 Jeff Krasne is well versed in estimating and managing large construction projects. He has worked with developers such as Centerline Homes, Westbrooke, and Morrison Homes in the construction of hundreds of homes across the state of Florida. In his 20 years of experience, Jeff has developed a profound knowledge of both residential and commercial construction and is able to rise to any challenge construction might present. Delivery Project Title Dollar Function Design Build Sandal Grove Apartments $18,000,000 Project Super Design Build The Isles $10,000,000 Project Super Design Build The Beaches $30,000,000 Project Super Design Build Normandy $20,000,000 Project Super Design Build Keystone Lake $20,000,000 Project Super Design Build Monterey $25,000,000 Project Super Miami Office: 9500 NW 12th Street, Bay 1 • Miami, Florida 33172 • Phone (305) 591-9212 Fax (305) 591-9630 Palm Beach Office: 8233 Gator Lane, Suite 36 . West Palm Beach, Florida 33411 • Phone (561) 514-1040 Fax (561) 514-1060 www.hacontracting.com H.A. Contracting Corp. pro~~iding quality construction services CGC: 010703 Lerius Louissaint Project Forman Education Miami Edison Sr. Years of Experience Tota 115 yea rs HACC 14 years Starting in the field, Lerius (Lee) absorbed knowledge & skill in the painting industry & quickly moved up the career ladder at HACC. With over 15 years of experience, Lee currently is the project manager handling the Miami Dade County Public School contract for HACC. Successfully completing over 20 district school interior/exterior major paint projects, Lee's management and coordination with owners blends together the office and on site duties Brian Letendre Site Superintendent Education Cathedral High School Years of Experience Total 34 years HACC 3 years Brian brings his 34 years of construction experience to every project. His ability to maintain a safe, clean, and productive job site is unprecedented. His extensive first hand knowledge in a variety of trades allows him the ability to effectively manage all on site operations. Miami Office: 9500 NW 12th Street, Bay 1 • Miami, Florida 33172 • Phone (305) 591-9212 Fax (305) 591-9630 Palm Beach Office: 8233 Gator Lane, Suite 36 • West Palm Beach, Florida 33411 • Phone (561) 514-1040 Fax (561) 514-1060 www.hacontracting.com Project Manual Bid/Tender Form 00900 BID/TENDER FORM ITB #: 23-08/09 Horizontal ROW Submitted: April 24, 2009 City of Miami Beach, Florida 1700 Convention Center Drive Miami Beach, Florida 33139 Date The undersigned, as Bidder, hereby declares that the only persons interested in this bid as principal are named herein and that no person other than herein mentioned has any interest in this bid or in the Contract to be entered into; that this bid is made without connection with any other person, firm, or parties making a bid; and that it is, in all respects, made fairly and in good faith without collusion or fraud. The Bidder further declares that it has examined the ITB Documents and all addenda thereto furnished before the opening of the bids, as acknowledged below on Bid/Tender Form, Page 6; and that it has satisfied itself about the Work to be performed; and all other required information with the bid; and that this bid is submitted voluntarily and willingly. The Bidder agrees, if this bid is accepted, to contract with the City, a political subdivision of the State of Florida, pursuant to the terms and conditions of the Contract Documents and to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and all labor necessary to construct and complete within the time limits specified the Work covered by the Contract Documents for the Project entitled: ITB#:23-08/09 Horizontal ROW The Bidder also agrees to furnish the required Performance Bond and Payment Bond or alternative form of security, if permitted by the City, each for not less than the required amounts as specified in the Contract Documents, and to furnish the required Certificate(s) of Insurance. The undersigned further agrees that the bid guaranty accompanying the bid shall be forfeited if Bidder fails to execute said Contract, or fails to furnish the required Performance Bond and Payment Bond, or fails to furnish the required Certificate(s) of Insurance within seven (7) calendar days after being notified of the award of the Contract. BID/TENDER FORM PAGE 1 March 2009 City of Miami Beach Page 119 of 185 Proiect Manual Bid/Tender Form SCHEDULE OF PRICES ITB #: 23-08/09 Horizontal ROW The Bidder hereby proposes to furnish. all labor, materials, equipment, transportation, supervision, incidental scope documentation services as required, and facilities necessary to complete in a workmanlike manner and in accordance with the Contract Documents, all Work ordered under a particular Job .Order for the compensation in accordance with the following schedule of prices: The Contractor bids. three (3) Adjustment Factors. Two will be applied against the prices set forth in the Construction Task Catalog® (CTC). The first .Adjustment Factor will be for work performed during normal working hours. The second Adjustment Factor will be for work performed during other than normal working hours. The third Adjustment Factor wi l be used for Non Prepriced Work Tasks. These Adjustment Factors will. be in effect for total duration of the contract. Line 1 Normal Working Hours Construction: Contractor shall perform any or all functions called for in the Contract Documents and the individual project Detailed Scope of Work, scheduled during normal working hours in the quantities specified in individual Job Orders against this contract for the unit price sum specified in the Construction Task Catalog (CTC) multiplied times the Adjustment Factor of: ... ~. ~ / ~ ~ (Specify to four (4) decimal places) Line 2 Other Than Normal Working Hours Construction: Contractor shall perform any or all functions called for in the Contract Documents and the individual project ,,~ Detailed -Scope of Work, scheduled during other than normal working hours in the quantities specified in individual Job Orders against this contract for the unit price sum specified in the Construction Task Catalog® (CTC) multiplied times the ,.; Adjustment Factor of; (Specify to four (4) decimal places) BID/'I'ENDER FORM PAGE 2 March 2009 City of Miami Beach Page 120 of 185 Project Manual Bid/Tender Form Line 3 Non Prepriced Work Tasks: Contractor shall perform any or all functions called for in the Contract Documents and the individual project Detailed Scope of Work, that are considered Non Prepriced Work Tasks multiplied times the Adjustment Factor of: l (Specify to four (4) decimal places) Line 4 Award Criteria. Figure (From Line 7, Bid/Tender Form, Page 4) (Specify to four (4) decimal places) .., EXAMPLE: Write the Adjustment Factor to four decimal places as the following example illustrates. 1 1 8 9 8 OR 0 9 9 9 9 Project Manual Bid/Tender Form AWARD CRITERIA FIGURE WORKSHEET ITB #: 23-08/09 Horizontal ROW For the purposes of determining the low bid the Contractor shall complete the following worksheet. (Specify to four (4) decimal places). n 1. Normal Working Hours Construction Adjustment Factor ..................... ~~ ~C ~ ~/ (Found on Bid/Tender Form, Page 2, Line 1) 2. Multiply Line 1 by (.80) ~ `~~`~ ~'' ....................................................................... F 3. Other Than Normal Working Hours Construction Adjustment Factor... ~~C~ (Found on Bid/Tender Form, Page 2, Line 2) 4. Multiply Line 3 by (.10) ........................ L/. ~~~~~ . .......................... 5. Non Prepriced Work Tasks Adjustment Factor .................................... ~ /~~~ (Found on Bid/Tender Form., Page 3, Line 3) 6. ..Multiply Line 5 by (.10) ......................................................................... ~d ~~~~ 7. Add lines 2 + 4 + 6 ............................................................................... ~ l~ w (Award Criteria Figure) The Bidder. shall complete this Award. Criteria Figure Worksheet and transfer the Bid Adjustment Factors, (Lines 1, 3, and 5,) and Final Award Criteria Figure (Line 7) to the space provided on the Bid/Tender Form, Page 3, Line 4 of this proposal. The lowest Award •- Criteria Figure will. be deemed the lowest bid. The City of Miami Beach reserves the right to revise all arithmetic calculations for correctness. .- Note: Should. there exist a discrepancy in the. Adjustment Factors bid on the Schedule of Prices (Bid/Tender Form Page 2 and Bid/Tender Form-Page 3) with the Award Criteria Figure Worksheet (Bid/Tender Form Page 4), the Schedule of Prices (Bid/Tender Form .~ Page.2 and Bid/Tender Form Page 3) shall take precedence. BID/TENDER FORM :PAGE 4 March 2009 City of Miami Beech Page 122 of 185 Project Manual Bid/Tender Form ITB #: 23-08/09 Horizontal ROW The Bidder shall acknowledge this bid by signing and completing the spaces provided below. Name of Bidder: H.A. Contracting Corp. City/State/Zip: Telephone No.: Miami, Florida 33172 305-591-9212 Social Security No. 59-2283147 or Federal Dun and Bradstreet No.: (if applicable) I. D. No.: Bradstreet No.: 11-414-6350 (if applicable) If a partnership, names and addresses of partners: (Sign below if not incorporated) WITNESSES: (Signature) (Sign below if (Type or Print Name of Bidder) (Type or Print Name Signed Above) ATTEST: H_A.,Contractimg c.../f i~ ~ A _ ~~jrpe r Print ~ m of CORPORATE S Hen°r3rlAngelo III (Type or Print Name Signed Above) Incorporated under the. laws of the State of: Florida BID/TENDER FORM .PAGE 5 March 2009 City of Miami Beach Page 123 of 185 Project Manual BidlTender Form ITB #: 23-08/09 Horizontal ROW Acknowledgement of Addenda Directions: Complete Part I or Part II, whichever applies. Part 1: Listed below are the dates of issue for each Addendum received in connection with this Bid: Addendum No. 1, Dated April 20, 2009 Addendum No. 2, Dated April 21, 2009 Addendum No. 3, Dated ~~t2 i ~- rZ~+ `Zj=~"'` ~ ~. ~- . Addendum No. 4, Dated Addendum No. 5, Dated Part II: No addendum was received in connection with this Bid. Verified with Procurement staff Name of Staff H.A. Contracting Corp. Date April 23, 2009 Date BID/TENDER FORM -PAGE 6 March 2009 City of Miami Beach Page 124 of 185 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we, H.A. Contracting Corp. as Principal, hereinafter called the Principal, and Hartford Fire Insurance Company a corporation duly organized under the laws of the State of Connecticut, as Surety, hereinafter called the Surety, are held and firmly bound unto the City of Miami Beach, FL as Obligee, hereinafter called the Obligee, in the sum of Twenty Thousand and No/Hundred Dollars ($20,000.00) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal has submitted a bid for Job Order Contract; ITB No. 23-08/09 -Horizontal Right of Way (ROW) NOW, THEREFORE, if the Obligee shall accept the bid of the principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 18th day of April, 2009. a ~ ~ i~ ~~ ~ i nr ` ~. R.H. Benson, H.A. Contracting Corp. ,; ~.. , (Seaq Direct Inquiries/Claims to: POWER OF ATTORNEY THE HARTFORD BOND, T-4 690 ASYLUM AVENUE • HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 21-222553 X~ Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut X~ Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana X~ Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited R.H. Benson of North Miami, FL their true and lawful Attorneys}in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, and any and all Surety Bonds and any and all consents required by the Florida Department of Transportation incident to the release of retained percentages and/or final estimates on engineering and/or construction contracts, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD David T. Akers, Assistant Vice President On this 23rd day of July, 2003, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. t E. rq~ ~f Scott E.Paseka CERTIFICATE Notary Public My Commission Expires October 31, 2007 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of April 18, 2009. Signed and sealed at the City of Hartford. ~1~~ ~ \tfl xf^tf ~^. ry f ~ ~~t ~yoy~ r' ~ ~i'~ "` P,:~en~~e.l o`Y = 1G91! t ~F~' ~so~~~ g ~sa°"'*°an'Fa~» o ~+~ +R~ ~ ~i 1697 ~^ _ r • ~~ UTIe e,ev~) ~ ~/OIiM- 4 !` o a g 7R '~ a; w~ Ja^ `+t~'3sti~97~ t~74~ ~-`~ 2949 ~ ~ Eaef ,TW ~ I)rA.... A'`1+ ~ ~"H It\Ngt1*S ~•~# a ,'~ } ~_ _ .. _._,........y.. ..,. _.... ~~~/ 7 Gary W. Stumper, Assistant Vice President FL DOT POA 2004 EXHIBIT 6 PERFORMANCE BOND Project Manual Form of Performance Bond Bond.No. 21BCSEF0948 00914 FORM OF PERFORMANCE BOND BY THIS BOND, We H.A. Contracting Corp. as Principal, hereinafter called CONTRACTOR, and Hartford Fire Insurance compan~s Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called CITY, in the amount of an initial Two Million Dollars ($2,000,000) for VERTICAL CITYWIDE, an initial Two Million ($2,000,000.00) for HORIZONTAL ROW, an initial Five Hundred Thousand Dollars ($500,000) for ELECTRICAL, an initial Five Hundred Thousand Dollars ($500,000) for MECHANICAL, an initial Five Hundred Thousand Dollars ($500,000) for WATERPROOFING/PAINTING, and an initial Five Hundred Thousand Dollars ($500,000) for ROOFING for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has by written agreement entered into a Contract, ITB No.: 23-08/09 ,awarded the 15th day of July , 20 09 with CITY which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if CONTRACTOR: 1. Performs the Contract between CONTRACTOR and CITY for construction of Job Order Contract ITB No. 23-08/09 the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 2. Pays CITY all losses, liquidated damages, expenses, costs and attorneys fees including appellate proceedings, that CITY sustains as a result of default by CONTRACTOR under the Contract; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT. Whenever CONTRACTOR shall be, and declared by CITY to be, in default under the Contract, CITY having performed CITY obligations thereunder, the Surety may promptly remedy the default, or shall promptly: Project Manual Form of Performance Bond 3.1. Complete the Project in accordance with the terms and conditions of the Contract Documents; or 3.2. Obtain a bid or bids for completing the Project in accordance with the terms and conditions of the Contract Documents; and upon determination by Surety of the lowest responsible Bidder, or, if CITY elects, upon determination by CITY and Surety jointly of the lowest responsible Bidder, arrange for a contract between such Bidder and CITY, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Job Order Amount; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Job Order Amount," as used in this paragraph, shall mean the total amount payable by CITY to CONTRACTOR under the Contract and any amendments thereto, less the amount properly paid by CITY to CONTRACTOR. No right of action shall accrue on this bond to or for the use of any person or corporation other than CITY named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance. or noncompliance with any formalities connected with the Contract or the .changes does not affect Surety's obligation under this Bond. Signed and sealed this 28th day of July , 20 09 Project Manual Form of Performance Bond WITNESSES: H.A. Contracting Corp. Name of Corooratiornl ~, and ~tle) (CORPORATE SEAL) --- - - - f .,, _ - ~ `- - _ Henry Angelo, III, President (Type Name/Title Signed Above) 28 th Hart IN THE PRESENCE OF: day of July , 20 09 Insurance Company PANY _ By - _ Agent an Attorney-in-Fact ~~ 10433 NE 6th Avenue (Address: Street) _ Miami Shores, FL 33138 (City/State/Zip) Telephone No.:_ (305) 759-7697 EXHIBIT 7 PAYMENT BOND Project Manual Form of Final Receipt Bond No. 21BCSEF0948 00915 FORM OF PAYMENT BOND BY THIS BOND, We x.A. Contracting Corp. as Principal, hereinafter called CONTRACTOR, andxartford Fire Insurance co. us Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called CITY, in the amount of an initial Two Million Dollars ($2,000,000) for VERTICAL CITYWIDE, an initial Two Million Dollars ($2,000,000.00) for HORIZONTAL ROW, an initial Five Hundred Thousand Dollars ($500,000) for ELECTRICAL, an initial Five Hundred Thousand Dollars ($500,000) for MECHANICAL, an initial Five Hundred Thousand Dollars ($500,000) for WATERPROOFING/PAINTING, and an initial Five Hundred Thousand Dollars ($500,000) for ROOFING for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has by written agreement entered into a Contract, Bid/Contract No.: 23-os/o9 ,awarded the 15th day of July , 20 09 with CITY which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if CONTRACTOR: 1. Pays CITY all losses, liquidated damages, expenses, costs and attorneys fees including appellate proceedings, that CITY sustains because of default by CONTRACTOR under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all labor, materials and supplies used directly or indirectly by CONTRACTOR in the performance of the Contract; THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 2.1. A claimant, except a laborer, who is not in privity with CONTRACTOR and who has not received payment for its labor, materials, or supplies shall, within forty-five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish to CONTRACTOR a notice that he intends to look to the bond for protection. 2.2. A claimant who is not in privity with CONTRACTOR and who has not received payment for its labor, materials, or supplies shall, within ninety (90) days after performance of the labor or after complete delivery of the materials or supplies, deliver to CONTRACTOR and to the Surety, written Project Manual Form of Final Receipt notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. 2.3. No action for the labor, materials, or supplies may be instituted against CONTRACTOR or the Surety unless the notices stated under the preceding conditions (2.1) and (2.2) have been given. 2.4. Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect the Surety's obligation under this Bond. Signed and sealed this WITNFSSF~• day of July ~ 20 09 H.A. Con Nam of , and Henry Ange7ZS; III, President (Type Name/Title Signed Above) IN THE PRESENCE OF: ~~. 28th Hartfor Fire Insurance Company INSU N C MPANY By Agent Attorney-in-Fact 10433 NE 6th Avenue (Address: Street) Miami Shores, FL 33138 (City/State/Zip) Telephone NO.: (305)759-7697 (C9RPCRATE SEAL) Direct Inquiries/Claims to: POWER OF ATTORNEY 690 OND, A.4ORD HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agencv Code: 21-222553 X~ Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut X~ Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana X~ Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited R.H. Benson of North Miami, FL their true and lawful Attorneys}in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, and any and all Surety Bonds and any and all consents required by the Florida Department of Transportation incident to the release of retained percentages and/or final estimates on engineering and/or construction contracts, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. TY1 tlp ,~*'ife^ rya O + i1Ea1RIRrrreiY ~ yf 'r a i ~ g B'7 . n ~ , •F.~l~... tta Iy+,A.,... A+~y+ A1tRC~ ^, ,~ /XnJ """' , i _s ever ~ `' M ~ hsu1N' ~ xQ14 "~ ~ 4 • b°+xc,ran» ,~" 4~0. p ~rai+x~T4 !' ?$ =~97' NR,pa• Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD ))) David T. Akers, Assistant Vice President On this 23rd day of July, 2003, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. SE.r ~f Scott E.Paseka CERTIFICATE Notary Public My Commission Expires October 31, 2007 1, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of July 28, 2009. Signed and sealed at the City of Hartford. 1 ,~w~i t P,.: yr~ ~ ~ r;:~ewnRrrgi. F f0~r ~'wMr ,. d, s?,4~rle neW~}ate ~~ilA1A' i epy 4, ~ $, ~„, ta0°"'°''"~ .. ¢, x~ ~ ~ x074 ~ `=:St If49 .. ~il''__. _. ___ _ . £r s`. Gary W. Stumper, Assistant Vice President FL DOT pOA 2IX14 EXHIBIT 8 INSURANCE CERTIFICATE H~.vn~ ~,CI'i 111'I~,H 1 t Vr LIH131L1 1 Y IIV~UI"'SHIVIrG 07/27/2009 PRODUCER (305)822-7800 FAX (305)822-1621 Collinsworth, Alter, Fowler, Dowling & French P. 0. Box 9315 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Miami Lakes, FL 33014-9315 INSURERS AFFORDING COVERAGE NAIC # INSURED H.A. Contracting Corp. INSURER A: Amerlsure Mutual Ins Co 23396 9500 N.W. 12th St. INSURER e: Amerisure Insurance Co 19488 Doral , FL 33172 INSURER C: INSURER D: INSURER E: CAVFRA[~FR THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' TYpE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY GL20062590003 01/01/2009 01/01/2010 EACH OCCURRENCE $ 1 ~ 000 ~ 00 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 50 r 00 CLAIMS MADE a OCCUR MED EXP (Any one person) $ 5 r ~~ A X BLANKET A/I PER ENDT CG70480304 PERSONAL&ADVlNJURY $ 1,000,00 X BLANKET WAIVER PER ENDT CG70490905 GENERAL AGGREGATE $ 2 , 000, 00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2 ~ 000 ~ ~~ POLICY PRO LOC JECT AUTOMOBILE LIABILITY CA1198 95 01/01/2009 01/01/2010 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,00 ALL OWNED AUTOS BODILY INJURY P $ A SCHEDULED AUTOS er person) ( HIRED AUTOS ~ ~ BODILY INJURY ~ P $ NON-OWNED AUTOS v d er accident) ( , ~ ++ PROPERTY DAMAGE P $ ( er accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO EA ACC OTHER THAN $ AUTO ONLY: qGG $ EXCESS/UMBRELLA LIABILITY CU201674400 01/01/2009 01/01/2010 EACH OCCURRENCE $ 4, 000, 00 X OCCUR ~ CLAIMS MADE AGGREGATE $ B $ 4,000,00 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND ' WC138262203 10/10/2008 10/10/2009 X WC sTATU- oTH- B EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 500, 00 OFFICER/MEMBER EXCLUDED? If d ib d E.L. DISEASE - EA EMPLOYE $ 5OO , OO yes, escr e un er SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 500, ~0 I~ITMSTALLATION FLOATER CPP1156564 01/01/2009 01/01/2010 PROJECT LIMIT: $250,000 A DED $5K AOP/$25K WIND/HAIL CATASTROPHE LIMIT: $250,000 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS e: ITB No. 23-08/09 -Horizontal Citywide Construction Services he City of Miami Beach, FL is named as Additional Insured on the General Liability and Automobile iability for operations being performed by the insured as required by contract. CERTIFICATF H(71 ~]FR rA~iro~ 1 ATIAIJ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL c, ty of Miami Beach 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Procurement Dl Vl 57On BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 1700 Convention Center Drive OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Miami Beach, FL 33139 AUTHOR¢EDREPRESENTATIVE Lee Fowler SANDYS ' ACORD 25 (2001/08) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08)